A Right of Way Agent (RWA) is responsible for negotiations when taking over land in a land condemnation project. In most cases, Right of Way Agents are third-party consultants who represent the condemning authority in a land condemnation case before litigation. At the outset of a case, they will seek to gather as much information as possible…
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What will a lawyer do for me in my land condemnation case? If your land is being taken by the government, what can a lawyer really do for you? A lawyer is your only real advocate and protection during the case. While in most instances we can’t stop the taking from occurring, we can fight…
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The top five things you can do to mess up your land condemnation case. If the government is getting ready to take your land in an eminent domain land condemnation case, here are the top five things you can do to ruin your case. One, sign a right of entry agreement with the Department of…
Read MoreWhat if I have a mortgage on the property? Who gets the money? When the state of North Carolina takes part of all of your land in an eminent domain or land condemnation case, they must do three things. First, file a condemnation complaint with the clerk’s office. Second, file a memorandum of action with…
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The NC Department of Transportation continues to string along residents who are affected by the Hampstead Bypass in Pender County. To date, Henson Fuerst has filed suit on behalf of more than two dozen land owners in Pender County who have claims stemming from abuses of the Map Act by the NC DOT. Additional lawsuits…
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There are many things to consider when hiring an attorney and the main thing to look at is their experience. You want an attorney who handles eminent domain cases on a regular basis and is experienced in all facets of landowner’s rights. An experienced attorney will know how to properly evaluate appraisers and appraisal reports,…
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Yes, and no. Eminent domain typically only deals with the taking of real property- which includes land, buildings, permanent structures and improvements, and the access thereto. The law typically does not compensate businesses directly for lost profits, revenues or interruptions of operations. There are exceptions to this, however, so an experienced eminent domain land condemnation…
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No. The government is no different from any other real estate buyer, wanting to obtain property as cheap as possible. The difference in eminent domain is that the government is taking the land from you involuntarily. While the law requires the government or condemning agency to pay you “just compensation” we find in the majority…
Read MoreHow is the value of my land determined in a land condemnation case? The first question most people have when they find out their land is being taken is, “How much money will I be paid?” Well, in an eminent domain land condemnation case, the amount you receive for your land can be determined in…
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According to data released earlier in the week NCDOT has purchased 107 parcels outright and continues to negotiate for more. The current bypass project has produced more condemnations than most projects, due to multiple issues, including that the project has no specific path. The department is planning on purchasing a total of 181 parcels along…
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